IN PLAIN ENGLISH
How custody works in Nevada
Nevada splits custody into two parts. [NV-P2] Legal custody is who makes the big decisions, like school, health care and religion; physical custody is how much time your child spends with each parent. [NV-P2] Until a court makes an order, both parents have joint legal and joint physical custody, whether or not they were ever married. [NV-P1, NV-P2]
When a judge decides custody, the law presumes joint legal custody is best, and prefers joint physical custody, if the parents agree or if a parent has shown, or tried to show, that they want a meaningful relationship with the child. [NV-P1] Joint physical custody means each parent has the children at least 40% of the time; primary physical custody means one parent has them more than 60% of the time. [NV-P2] A judge who denies a parent's request for joint physical custody must explain why. [NV-P1]
Nevada has no statewide standard calendar. [NV-P3] The days, times, holidays and vacations are what the parents agree to, or what the judge decides after a trial, and an order must spell them out in exact terms rather than saying "reasonable" visitation. [NV-P1, NV-P2, NV-P3]
Words you’ll see in your papers
- Legal custody
- The power to make major decisions for your child, such as health care, school and religion, and to see your child's records. [NV-P2]
- Joint physical custody
- Each parent has the children at least 40% of the time. [NV-P2]
- Primary physical custody
- One parent has the children more than 60% of the time; the other parent has parenting time, also called visitation. [NV-P2]
- Timeshare
- The word Nevada forms use for the schedule of when your child is with each parent. [NV-P3, NV-P9]
- Relocation
- Moving with your child out of Nevada, or so far within Nevada that it would seriously hurt the other parent's relationship with the child. [NV-P4]
COMMON QUESTIONS
What parents in Nevada ask first
Does Nevada start from 50/50?
Not exactly. [NV-P1, NV-P2] Nevada prefers joint physical custody, which means at least 40% of the time with each parent, not an exact 50/50 split, when the parents agree or a parent has shown, or tried to show, they want a real relationship with the child. [NV-P1, NV-P2] The judge can still order primary physical custody if joint custody is not best for the child, and joint custody is presumed not to be best if a parent cannot care for the child at least 146 days a year or has committed domestic violence. [NV-P1]
What does the judge look at?
The only question is your child's best interest. [NV-P1] The judge must make findings about things like your child's wishes, if your child is old and mature enough; which parent is more likely to support the child's relationship with the other parent; how much conflict there is and how well the parents cooperate; each parent's mental and physical health; your child's physical, developmental and emotional needs; your child's relationship with each parent and with brothers and sisters; any history of abuse or neglect; and any domestic violence or abduction. [NV-P1, NV-P2] The judge cannot favor a parent just for being the mother or the father. [NV-P1]
Does my child get to choose?
No. [NV-P1] Nevada law does not set an age. [NV-P1] The judge considers your child's wishes if your child is old enough and capable of forming an intelligent preference, as one factor among many. [NV-P1, NV-P2]
Can I move away with my child?
If you want to move with your child out of Nevada, or far enough within Nevada that it would seriously hurt the other parent's relationship with the child, you must first try to get the other parent's written consent. [NV-P1, NV-P4] If they say no, you must ask the judge for permission before you move. [NV-P1, NV-P4] You have to show a sensible, good-faith reason for the move, that it is in your child's best interest, and that you and your child will gain a real advantage from it. [NV-P1, NV-P4] If you share joint physical custody, you are asking the judge for primary physical custody so you can move, and you must also show a substantial change in circumstances and that primary custody with you is best for your child. [NV-P1, NV-P4] Moving without consent or permission can bring serious consequences, including criminal charges under Nevada law. [NV-P1]
Can the order be changed later?
Yes. [NV-P4] Either parent can ask the judge to change custody or the schedule. [NV-P4] You must show that there has been a substantial change in circumstances affecting your child's welfare since the last order, and that the change is in your child's best interest. [NV-P4]
We were never married. What happens first?
Paternity (legal fatherhood) can be set by both parents signing a Voluntary Declaration of Paternity, through the Child Support Office, or by filing a custody and paternity case in court. [NV-P2] Only the court case also decides custody and visitation. [NV-P2] Parents who fully agree can file for custody together, which usually avoids a court date; otherwise either parent can file a complaint. [NV-P2] Usually your child must have lived in Nevada for 6 months before you file. [NV-P2] Until paternity is set by an order, a judge can give primary physical custody to the mother in certain situations, such as when the father has never acknowledged paternity. [NV-P1]
What if I am not safe?
A protection order against domestic violence can give you temporary custody of your child and keep the other person away from your home, your child's school and your workplace; a longer extended order can also set visitation rules, including supervised visits. [NV-P5] In a custody case, if the judge finds by clear and convincing evidence that a parent committed domestic violence, the law presumes it is not in the child's best interest for that parent to have sole or joint physical custody, and the judge must make sure the order protects the child and the victim. [NV-P1] In Clark County, the judge may waive the mediation requirement when there is a history of child abuse or domestic violence. [NV-P7]
Free, official places to start
- Nevada Supreme Court Self-Help Center: Overview of Custody, Paternity, and Child Support
The state court's plain-language guide to legal and physical custody, the 40% rule, paternity and filing.
- Nevada Self-Help Center: How to Change Custody, Child Support, or Relocate with a Child
The rules and fillable motions for changing custody or asking permission to move.
- Nevada Self-Help Center: Getting the Final Custody Decree
How to finish a case and the statewide Custody Decree form where your schedule is written down.
LOCAL SPOTLIGHT · LAS VEGAS
Clark County
Eighth Judicial District Court, Family Division (Family Courts and Services Center)
Clark County parents use a county-specific self-help center with its own forms, which the statewide site points to. [NV-P2, NV-P8] Parents who cannot agree on custody are usually referred by the judge to the court's Family Mediation Center, which helps work out legal custody, the weekly timeshare, holidays, vacation and transportation; an agreement becomes a court order only after the judge signs it. [NV-P6, NV-P7] The Clark County Custody Decree form has a holiday exhibit with ready-made options, such as alternating Thanksgiving and splitting winter break into two halves, that parents can check or replace; it is a menu of choices, not a county default schedule. [NV-P9] The judge may also order a seminar for separating parents, often called the COPE class. [NV-P7]
- Family Law Self-Help Center (Clark County)
Free Clark County forms and step-by-step guides for custody, paternity and divorce, run by Legal Aid Center of Southern Nevada under contract with the county.
- Eighth Judicial District Court: Family Mediation Center
The court's mediation office: what gets decided in mediation, fees and how to reach it after the judge orders mediation.
- Important Requirements: COPE Class and Mediation
Explains when mediation is required, how to ask for it or ask to skip it because of abuse, and the parenting class.
- Clark County Custody Decree with Exhibit 1 (PDF)
The final order form for Clark County cases, including the Parenting Timeshare and Holiday Schedule exhibit.
Other counties in Nevada can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
No fixed statewide schedule identified
Research overview
No fixed statewide calendar identified. NRS125C custody preferences and percentage categories do not themselves provide a residential/holiday schedule. [NV1-NV3]
Legal force and applicability
Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.
Authority and geographic scope
No fixed statewide calendar identified. NRS125C custody preferences and percentage categories do not themselves provide a residential/holiday schedule. [NV1-NV3]
Custody and parenting-time presumptions
NRS125C.0025 establishes a preference for joint physical custody in specified circumstances; the judiciary describes joint physical custody as each parent having at least 40% of time. That threshold does not choose a 2-2-3 or alternating-week calendar. [NV1, NV2]
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
Actual times are agreed and ordered or determined at trial on best interests. [NV2, NV3]
Holidays and school breaks
Must be specified in the custody decree; no reviewed statewide odd/even-parent holiday cycle. [NV3]
Summer and vacation time
Must be specified in the custody decree; no reviewed statewide automatic summer allotment. [NV3]
Age and development
The child’s sufficiently mature wishes are a factor, not authority for the child to select a calendar. No statewide age-tier possession schedule identified. [NV1]
Distance, travel, and relocation
Distance and relocation affect feasibility and orders; no automatic statewide mileage-based schedule identified. [NV1]
Safety & exceptions
Domestic violence, abduction and other statutory best-interests findings can overcome otherwise applicable preferences and require restrictions. [NV1]